Legal Opinion

Beebe v. Beebe

Appellate Division of the Supreme Court of the State of New York

Decided September 29, 1916PublishedCited by 7 opinions

Appeal by the plaintiff, Mary E. Beebe, from part of a judgment of the Supreme Court in her favor, entered in the office of the clerk of the county of Queens on the 27th day of February, 1915, upon the decision of the court after a trial at the Queens County Special Term.

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Appeal by the plaintiff, Mary E. Beebe, from part of a judgment of the Supreme Court in her favor, entered in the office of the clerk of the county of Queens on the 27th day of February, 1915, upon the decision of the court after a trial at the Queens County Special Term. The plaintiff appeals from so much of said judgment as decrees that she has failed to prove facts sufficient to constitute a cause of action for separation, on the ground of abandonment, and, therefore, dismisses the complaint upon the merits in that respect, and also from so much of the judgment as decrees that she has…

1Opinion of the Court

Thomas J.:

The parties were married in 1896 and lived in apparent happiness until their fourth child was born, on March 14, 1911, although for some months before that date the wife was concerned by defendant’s abstraction, appearance of weariness or overwork, with accompanying indifference to her and the children. Several weeks before the birth of the last child, named Shaler, the defendant informed the plaintiff that they would no longer occupy the same room, and that they would have no more children. He repeated the statement a few days after the birth of Shaler. On May 6, 1911, urged by…

2Cases cited4 opinions

  1. Sporza v. . German Savings BankNew York Court of Appeals · 1908
  2. Winter v. . WinterNew York Court of Appeals · 1908
  3. People ex rel. Reiblich v. WaldoAppellate Division of the Supreme Court of the State of New York · 1914
  4. Kuster v. KusterNew York Supreme Court · 1902

3Cited by7 opinions

  1. Borax v. BoraxNew York Court of Appeals · 1958
  2. Hawkins v. HawkinsCalifornia Court of Appeal · 1930
  3. Davidson v. DavidsonSupreme Court of Vermont · 1940
  4. Benesch v. BeneschAppellate Division of the Supreme Court of the State of New York · 1918
  5. Krell v. KrellNew York Supreme Court · 1948

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